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Judgment
Subba Reddy Satti, J
This criminal petition is filed under Sections 437 and 439 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) seeking to enlarge petitioner/accused on bail in connection with Crime No.1/RCT-KUR/2022 of ACB Kurnool Range, Kurnool for the offence punishable under Section 7 of the Prevention of Corruption (Amendment) Act, 2018.
The case of the prosecution is that in the month of August, 2019 the mother of de facto complainant was sanctioned an amount of Rs.9,17,953/- for construction of Sericulture Shed Type-I for growing of silkworm under the MGNREGS scheme. Out of the said amount, she received Rs.14,079/- and Rs.3,30,000/-and initial payment and thereafter in March, 2022 when the complainant approached the petitioner, who is working as Additional Programme Officer, MGNREGS, Kothapalli, for final payment of sanctioned amount, initially he demanded Rs.7,000/-for processing the bill and thereafter on 17.05.2022, when the complainant approached the petitioner, he demanded a sum of Rs.15,000/-. As the de facto complainant is not willing to pay the bribe amount, he lodged the report. Basing on the same, the above crime was registered.
Heard K.Rathangapani Reddy, learned counsel for the petitioner and Sri S.M.Subhani, Standing Counsel-cum-Special Public Prosecutor for ACB for the respondent-state.
Learned counsel for the petitioner would submit that the petitioner is innocent person and he never demanded any bribe or any official favour from the complainant and he was falsely implicated in this case. He submits that petitioner was arrested on 24.05.2022 and since then he has been languishing in jail. He submits that petitioner is suffering from Kidney related ailments and the material part of the investigation is completed and he prayed the Court to grant bail.
Sri S.M.Subhani, Standing Counsel-cum-Special Public Prosecutor for ACB filed counter and would submit that the petitioner committed the socio-economic offence and as the investigation is in progress, he is not entitled for bail. However, he submits that so far 12 witnesses were examined and Section 164 Cr.P.C., statement of the complainant was also recorded and substantial part of the investigation is completed.
As can be seen from the material on record, it manifests that substantial part of the investigation is completed and Section 164 Cr.P.C., statement of the complainant was also recorded and the police have collected necessary records. In such event, there cannot be any apprehension that if the petitioner is enlarged on bail, he may tamper with evidence and influence the witnesses, since the entire material is available with the prosecuting agency only. In such circumstances, keeping the petitioner in jail, will amounts to curtailing his personal liberty guaranteed under Article 21 of the Constitution of India.
In M.Ravindran Vs. Intelligence Officer, Directorate of Revenue Intelligence (2021) 2 SCC 485, the Hon’ble Apex Court held as follows:
“17.1. Article 21 of the Constitution of India provides that “no person shall be deprived of his life or personal liberty except according to procedure established by law”. It has been settled by a Constitution Bench of this Court in Maneka Gandhi v. Union of India [(1978) 1 SCC 248], that such a procedure cannot be arbitrary, unfair or unreasonable. The history of the enactment of Section 167(2) Cr.P.C and the safeguard of “default bail” contained in the proviso thereto is intrinsically linked to Article 21 and is nothing but a legislative exposition of the constitutional safeguard that no person shall be detained except in accordance with rule of law.”
Considering the fact that material part of the investigation is completed and since 24.05.2022 the petitioner is languishing in jail, this Court deems it appropriate to grant bail to the petitioner, however on certain conditions.
Accordingly, the criminal petition is allowed and the petitioner/Accused shall be enlarged on bail in connection with Crime No.1/RCT-KUR/2022 of ACB Kurnool Range, Kurnool, on his executing a personal bond for a sum of Rs.50,000/- (Rupees fifty thousand only) with two sureties each for a likesum to the satisfaction of the learned Special Judge for Trial of SPE & ACB Cases, Kurnool. On such release, petitioner shall appear before the Deputy Superintendent of Police, ACB, Kurnool on every Monday and Thursday between 8.00 a.m. and 12.00 noon for a period of two months or till filing of charge sheet, whichever is earlier. Petitioner shall not leave Kurnool Town without the permission of the Deputy Superintendent of Police, ACB, Kurnool and shall enter into Kothapalli village till filing of charge sheet.
It is made clear that this order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law and the findings in this order be construed as expression of opinion only for the limited purpose of considering bail in the above crime and shall not have any bearing in any other proceedings.
Consequently, miscellaneous applications pending, if any, shall stand closed.